07-26-2011 CCMMINUTES
REGULAR MEETING – HUTCHINSON CITY COUNCIL
TUESDAY, JULY 26, 2011
CALL TO ORDER – 5:30 P.M.
1.
Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Bill Arndt, Chad
Czmowski and Eric Yost. Others present were Jeremy Carter, City Administrator and Jody Winters, Assistant
City Attorney
INVOCATION
2. – Father Jerry Meidl, St. Anastasia Catholic Church, delivered the invocation.
PLEDGE OF ALLEGIANCE
3.
Mayor Cook mentioned that during the legislative session, the Minnesota legislature passed a tax bill that
included a ½ cent sales tax to be imposed by the City of Hutchinson. This local sales tax was approved by
Hutchinson voters at the November 2010 election. Both Rep. Shimanski and Senator Scott Newman sponsored
the bill that includes this local sales tax. The legislators were in attendance at the Council meeting and spoke of
the success of the adoption of the bill and the imposition of the sales tax. The legislators also spoke of the
mayor’s work on the bill and his many appearances at the legislature.
PUBLIC COMMENTS
4.
Robert Anderson, 1545 Adams Street, presented before the Council. Mr. Anderson noted that he is a
neighbor to Creekside and expressed that he has no opposition to the request before the Council later in the
agenda of Creekside’s request to extend their hours of operation for a two-month time frame.
MINUTES
5.
(a)REGULARMEETING OF JULY 12, 2011
(b)BID OPENING MINUTES FROM JUNE 29, 2011 (PLAZA 15 PARKING LOT)
(c)BID OPENING MINUTES FROM JULY 14, 2011 (PAVEMENT MANAGEMENT PROGRAM)
(d)BID OPENING MINUTES FROM JULY 20, 2011 (2011 TRANSVERSE CRACK REPAIR –
HUTCHINSON MUNICIPAL AIRPORT)
Motion by Czmowski, second by Christensen, to approve the minutes as presented. Motion carried
unanimously.
CONSENT AGENDA
6.
(Purpose: only for items requiring Council approval by external entities that would otherwise
have been delegated to the City Administrator. Traditionally, items are not discussed.)
(a)RESOLUTIONS AND ORDINANCES
1.ORDINANCE NO. 11-0673 – AN ORDINANCE AMENDING CHAPTER 94, CEMETERIES, OF
THE HUTCHINSON CITY CODE (SECOND READING AND ADOPTION)
2.ORDINANCE NO. 11-0675 – AN ORDINANCE AMENDING CITY COUNCIL AGENDA
ORDER TO INCLUDE RECOGNITIONS (WAIVE FIRST READING AND SET SECOND
READING AND ADOPTION FOR AUGUST 9, 2011)
(b)CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO
RAFAEL JIMENEZ TO OPERATE AN ICE CREAM TRUCK THROUGHOUT THE STREETS OF
HUTCHINSON
CITY COUNCIL MINUTES –JULY 26, 2011
(c)CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO
SUSTAINABLE FARMING ASSOCIATION ON AUGUST 13, 2011, AT MCLEOD COUNTY
FAIRGROUNDS FOR GARLIC FESTIVAL
(d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS
-CHANGE ORDER NO. 2 (LETTING NO. 2, PROJECT NO. 10-02 – SHERWOOD STREET SE
EXTENSION)
-CHANGE ORDER NO. 1 (LETTING NO. 3, PROJECT NO. 11-04 – 2011 PAVEMENT
MANAGEMENT PROGRAM PHASE 1)
(e)CONSIDERATION FOR APPROVAL OF ISSUING OFF-SALE 3.2 MALT LIQUOR LICENSE AND
TOBACCO LICENSE TO KWIK TRIP #316
(f)CONSIDERATION FOR APPROVAL OF AIRPORT AGRICULTURAL LAND LEASES
(g)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 6(a)1, 6(a)2, and 6(b) were pulled for separate discussion.
Motion by Arndt, second by Czmowski, to approve consent agenda with the exception of the items noted
above. Motion carried unanimously.
Item 6(a)1 had further discussion. Jeremy Carter, City Administrator, noted that a revised ordinance has
been put forth to the Council. Additional language has been included to the ordinance which reads, “These
provisions shall not apply to the use of flags and markers for graves of veterans during services, or on
national holidays.” This language was brought to the attention of staff by the family member of a veteran.
Motion by Arndt, second Yost, to approve Item 6(a)1. Motion carried unanimously.
Item 6(a)2 had further discussion. Mayor Cook asked that “Community Service” be added to the proposed
agenda item, “Recognition of Gifts, Donations and Community Service to the City”.
Motion by Arndt, second by Christensen, to approve Item 6(a)2 with the additional language. Motion
carried unanimously.
Item 6(b) had further discussion. Mayor Cook clarified that the background investigation conducted by
Hutchinson Police Services was favorable.
Motion by Czmowski, second by Cook, to approve Item 6(b). Motion carried unanimously.
– 6:00 P.M. - NONE
PUBLIC HEARINGS
7.
COMMUNICATIONS, REQUESTS AND PETITIONS
8.
(Purpose: to provide Council with information
necessary to craft wise policy. Always looking toward the future, not monitoring past)
UNFINISHED BUSINESS
9.
NEW BUSINESS
10.
(a)CONSIDERATION FOR APPROVAL OF REVIEW AND ACCEPTANCE OF 2010 FINANCIAL
REPORT
Jeremy Carter, City Administrator, introduced Kyle Meyers from the City’s financial auditing firm, Abdo
Eick & Meyers. Mr. Carter reminded the Council and the public that the City’s 2010 financial report is
located on the City’s web site.
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CITY COUNCIL MINUTES –JULY 26, 2011
Kyle Meyers presented before the Council. Mr. Meyers explained that the 2010 financial statements are in
compliance and have been reported fairly. The City’s general fund balance increased approximately
$380,000 in 2010. The City’s enterprise funds are also generating good profits. The City’s audit went very
well, even taking into consideration the short staffing levels in the finance department.
Mr. Carter mentioned that the City’s financial statements will be printed in the Hutchinson Leader in
tomorrow’s edition. Mr. Carter explained the make-up of the Liquor Hutch’s financial statement, which
shows a snapshot of one day in time with a transfer to the City’s general fund.
Motion by Christensen, second by Arndt, to accept 2010 financial audit report. Motion carried
unanimously.
(b)CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR PLAZA 15 PARKING LOT
IMPROVEMENTS PROJECT (LETTING NO. 5, PROJECT NO. 11-06)
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the project includes
improvements to the parking lot at Plaza 15 on the east side of the Plaza 15 building. The low bid came in
approximately 14% less than the engineer’s estimate. The sole assessing property owner has waived the
assessment hearing, therefore the public assessment hearing does not need to be held August 9, 2011. City
staff is still working to finalize the conveyance of easement rights within the former Runnings property to
the City for the construction of proposed improvements.
Motion by Yost, second by Christensen, to approve project award for Plaza 15 parking lot improvements
project and waiving assessment hearing on the condition that the conveyance of easement rights be secured.
Motion carried unanimously.
(c)CONSIDERATION FOR APPROVAL OF ACCEPTING BID AND AWARDING CONTRACT
CONTINGENT ON FAA FUNDING FOR AIRPORT 2011 TRANSVERSE CRACK REPAIR PROJECT
(LETTING NO. 8, PROJECT NO. 11-11)
John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that one bid was
received for this project. The engineering consultant and the Airport Commission have provided their
recommendation to proceed with the project. This project is expected to be funded with 95% federal
funding, with a 5% match by the City from the Airport Construction Fund. With the FAA funding, the
City’s contribution will be $5747.00. The grant agreement from FAA is expected to be on the next Council
agenda.
Motion by Arndt, second by Yost, to approve accepting bid and awarding contract contingent on FAA
funding for Airport 2011 Transverse Crack Repair Project. Motion carried unanimously.
(d)CONSIDERATION FOR APPROVAL OF RENEWABLE ENERGY PROJECT SUITABILITY REVIEW
AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff has solicited
proposals from four organizations to address a potential renewable energy suitability review with respect to
specific City sites and applications. Three proposals were received and reviewed by the Resource
Allocation
Committee. The Committee recommended that staff approach Westwood Professional Services to
formalize a scope of work and associated fee amount. Westwood submitted a document identifying the
scope of work and statement of qualifications for a preliminary wind and solar analysis. Westwood is
proposing to perform the services for the preliminary wind and solar analysis at hourly rates, with a not to
exceed amount of $13,000. Staff will be working with Westwood to better identify the scope of work and
the hourly rates.
Council Member Arndt questioned whether or not the City would be benefiting from implementing such a
program. Council Member Yost encouraged staff to minimize the effort of implementing solar power and
instead perhaps invest more in wind generation.
Motion by Yost, second by Cook, to approve renewable energy project suitability review agreement with
Westwood Professional Services. It was noted that funding for this study could come from the
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CITY COUNCIL MINUTES –JULY 26, 2011
comprehensive planning fund. Roll call vote was taken: Christensen – aye; Arndt – nay; Yost – aye;
Czmowski – aye; Cook – aye. Motion carried 4 to 1.
(e)CONSIDERATION OF ORDINANCE NO. 11-0674 - AN ORDINANCE ESTABLISHING A
TEMPORARY MORATORIUM FOR THE CONSTRUCTION OF PRIVATELY-OWNED WELLS
WITHIN THE CITY OF HUTCHINSON AND SETTING A PUBLIC HEARING FOR SEPTEMBER
13, 2011, AT 6:00 P.M. (FIRST READING AND SET SECOND READING AND ADOPTION)
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that in 2005, Hutchinson
adopted a wellhead protection plan as required by the United States Congress. One of the requirements of
the wellhead protection plan is to manage potential sources of contaminants to the City’s water supply. This
includes the identification, monitoring and perhaps regulating access to the City’s water supply by private
individuals and industrial users. The City does not currently regulate private wells within the city except to
the extent that under current ordinances a connection of a private well or wastewater therefrom cannot be
made to the City’s water system without proper metering.
Staff is proposing that a moratorium be put in place to allow the City time to draft an ordinance to address
private wells within the city. The League of Minnesota Cities is also assisting cities with the drafting of
such an ordinance. The moratorium would be put in place for one year.
Mike Steffl, New London, Minnesota, water well drilling contractor, presented before the Council. Mr.
Steffl asked if a study has been done on all the abandoned wells located throughout the city. Mr. Exner
noted that the City is aware of approximately 600 abandoned wells within the city. Mr. Steffl expressed that
the freedom of choice for residents is being taken away.
Current well users are still able to use their wells during the moratorium period. A public hearing on this
topic will be held September 13, 2011, at 6:00 p.m.
Motion by Czmowski, second by Cook, to approve first reading and set second reading and adoption of
Ordinance No. 11-0674 for August 9, 2011. Motion carried unanimously.
(f)CONSIDERATION OF ORDINANCE NO. 11-0676 - AN ORDINANCE SUSPENDING
ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF
CONSTRUCTION DURING THE SCHOOL ROAD CONSTRUCTION PROJECT (FIRST READING
AND SET SECOND READING AND ADOPTION)
Kent Exner, City Engineer, explained that the contractor on this project has not made a specific request to
extending hours at this time. Mr. Exner noted that there is not foreseen to be much, if any, “after-hours”
work, however, because of the project beginning late in the season, the contractor would like to have some
flexibility. Mr. Exner is asking that a condition be placed on the ordinance that extension to the hours be
approved by city staff.
Motion by Arndt, second by Christensen, to approve first reading and set second reading and adoption of
Ordinance No. 11-0676 for August 4, 2011, with the additional language adding the condition that there
must be staff approval and setting special meeting for August 4, 2011, at 4:30 p.m.. Motion carried
unanimously.
(g)CONSIDERATION OF ORDINANCE NO. 11-0677 - AN ORDINANCE SUSPENDING
ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURLY
RESTRICTION OF CERTAIN OPERATIONS (FIRST READING AND SET SECOND READING AND
ADOPTION)
Jeremy Carter, City Administrator, asked that this ordinance be considered at the special meeting on August
4, 2011. Creekside is behind schedule on screening finished product due to the inclement weather that has
been had this spring/summer season. Positive feedback from the neighbors has been received to these
extended hours.
Motion by Arndt, second by Christensen, to approve first reading and set second reading and adoption of
Ordinance No. 11-0677 for August 4, 2011. These screening operations will cease at 6:00 a.m. on Saturday
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CITY COUNCIL MINUTES –JULY 26, 2011
and begin again on Monday morning. Motion carried unanimously.
GOVERNANCE
11.
(Purpose: to assess past organizational performance, develop policy that guides the organization and
Council and manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a)RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JULY 14, 2011
(b)PIONEERLAND LIBRARY BOARD MINUTES FROM MAY 19, 2011
(c)HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MAY 17,
2011
(d)CREEKSIDE RENEWABLES ADVISORY BOARD MINUTES FROM APRIL 6, 2011
(e)CITY OF HUTCHINSON FINANCIAL REPORT FOR JUNE 2011
(f)CITY OF HUTCHINSON INVESTMENT REPORT FOR JUNE 2011
Mayor Cook commented that the cemetery’s fund is already at 92%. Jeremy Carter will report back on that
fund’s activity.
MISCELLANEOUS
12.
Mary Christensen – Council Member Christensen commented on the sad news of the closing of the
Birchwood Hospice House. Council Member Christensen also commented on the River Song music
festival being held this weekend.
Bill Arndt – Council Member Arndt commented on the Allis Chalmers event held this past weekend and
what a huge benefit it brings to the city.
Eric Yost – Council Member Yost encouraged individuals to speak with Dr. Mulder on the closing of the
hospice house.
Jeremy Carter – Mr. Carter mentioned that the ConnectCare offices, currently located in the basement of
the Birchwood hospice house, will be looking at relocating and asked that the city allow them time to do
so.
Mr. Carter also mentioned that perhaps a workshop should be set to discuss the 2011 general fund budge.
Motion by Arndt, second by Christensen, to set a general fund budget workshop on August 4, 2011, at
5:00 p.m. following the special meeting. Motion carried unanimously.
Mr. Carter also noted that he has received questions inquiring whether or not town hall budget meetings
will be held this year like they were last year. He asked the Council to consider this.
Kent Exner – Mr. Exner noted that the Hwy 15 water main lining project will be proceeding and will
begin on August 1, 2011.
Mr. Exner also reminded the Council of the Hwy 15 Coalition meeting tomorrow at 2:00 p.m. at the City
Center.
Mayor Cook – Mayor Cook thanked staff on storm damage clean up and street repair.
ADJOURN
13.
Motion by Arndt, second by Czmowski, to adjourn at 7:05 p.m. Motion carried unanimously.
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